that is after guide never delivered a proposal from president obama. but house speaker john boehner says it's not a series plan. >> i was flabbergasted. i looked at him and said you can't be serious. i just never seen anything like it. >> if they are going to force higher rates on virtually all americans because they are not allowing tax rates to go up rob 2% of americans that is something we will have to face. >>> attorneys for oscar grant's family -- grant was shot and killed by police officer johannes mehserle on new years day back in 2009 in two oakland civil rights attorneys will argue before the ninth circuit court of appeals in san francisco that bart police officers should not receive legal immunity. last year a federal judge ruled to let the suit go forward but the officers appealed that ruling to the ninth circuit court. >>> this is day seven of a strike by clerical workers. contract talks between the workers and shippers at the ports of los angeles and long beach have resumed. the walk out by the clerk has dramatically slowed activity at the